BENJAMIN E. FOX

Antitrust Appellate Business Torts Class Actions Commercial Litigation Corporate Governance Employment & Civil Rights Environmental Litigation False Claims Act Intellectual Property Internal Investigations Professional Liability RICO White Collar Crime

Contact Ben Fox

Phone 404.881.4117
Fax 404.881.4111
Email fox@bmelaw.com
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Ben Fox represents defendants and plaintiffs in federal and state court. Mr. Fox’s practice concentrates on litigation involving state and federal RICO laws, the False Claims Act, business torts, and misappropriation of trade secrets.

Representative Cases

U.S. ex rel. Corsello v. Lincare Inc., 428 F.3d 1008 (11th Cir. 2005) (affirming dismissal of False Claims Act complaint for failure to satisfy Rule 9(b)’s heightened pleading requirements)
Williams General Corp. v. Stone, 280 Ga. 631, 632 S.E.2d 376 (2006) (holding, for the first time, that corporations can be sued under the Georgia RICO Act)
Williams General Corp. v. Stone, 279 Ga. 428, 614 S.E.2d 758 (2005) (holding, for the first time, that the preponderance of the evidence burden of proof applies to Georgia civil RICO claims)

Education

University of Virginia School of Law, 1999 J.D.
    Order of the Coif
    Virginia Law Review, Editor 1997 – 1999
    Virginia Law Weekly, Associate and Executive Editor 1997 – 1999
University of Texas, Austin, TX, 1995 B.A.

Clerkship

Law Clerk to the Honorable Judge Eugene Davis of the Fifth Circuit of Appeals, 1999-2000

Bar and Court Admissions

State Bar of Georgia
Georgia Supreme Court
Georgia Court of Appeals
United States District Courts for the Northern and Middle District of Georgia
United States Supreme Court
United States Court of Appeals for the Eleventh Circuit
United States Court of Federal Claims

Publications/Speaking Engagements

Author:

Businesses need to understand GTS Act, Atlanta Business Chronicle, June 19, 2009

Identifying, Securing, and Maximizing Corporate Insurance Converage for Legal Fees in White Collar Cases, American Bar Association, Section of Litigation, Committee on Criminal Litigation Section Newsletter, Winter 2009, Volume 9, Number 2

Georgia’s Newly Enacted State False Medicaid Claims Act, American Health Lawyers Association, Health Lawyers Weekly, Vol. 5:192, May 11, 2007

Practitioner Commentary: Illegal Labor Decisions Split the Circuit Courts, But Consensus May Be Emerging, Civil RICO Report, Jan. 1, 2007, at 1

Issues Related to Parallel Litigation, Chapter 14, Business Torts and Unfair Competition (2d ed. 2006)

Practitioner Commentary: Dorsey Case Clarifies Law on Predicate Acts in Georgia RICO, Civil RICO Report, August 1, 2006, at 7

Federal Fraud-Based RICO Class Actions: The Burdens May Outweigh the Benefits in Most Cases, ABA Litigation Section, Class Actions and Derivative Suits, Fall 2005, vol.15, no.4

Practitioner Commentary: State Civil RICO Laws Offer Plaintiffs Numerous Advantages, Civil RICO Report, July 1, 2004, at 4

Pacificare Health Systems, Inc. v. Book: The Supreme Court Avoids the Issue, ABA Antitrust Section, RICO News, Issue 2, 2003

Pacificare Health Systems, Inc. v. Book: Weighing the Favored Status of Arbitration Against a Plaintiff’s Right to Seek Treble Damages Under RICO, ABA Antitrust Section, RICO News, Issue 1, 2003

Spoilation of Evidence for Business Tort Litigators, ABA Business Torts and Unfair Competition, Fall 2002

Cushner v. King: Supreme Court Interpretation of RICO Enterprise, ABA Antitrust Section, RICO News, Issue 3, 2001

Matz v. Virani: RICO Injury and Lost Profit Damages, ABA Antitrust Section, RICO News, Issue 4, 2001

Failure to Disclose Differential Pricing of Prescription Drugs Not a Predicate Act, RICO News, Issue 3, 2000

Rotella v. Wood: Accrual of the Statute of Limitations in Federal Civil RICO, RICO News, Issue 1, 2000

Co-Author:

Chapter, "Trade Secrets," 4 Georgia Jurisprudence, Business Torts and Trade Regulation (Thomson West 2005)

Speaker:

“Witness Interview Strategies” - Corporate Internal Investigations ICLE Seminar, March 20, 2009

“Strategies for Pursuing and Defending Sarbanes-Oxley Whistleblower Claims” - Annual ICLE Whistleblower Law Symposium, March 4, 2009

“Preparing for and Conducting Interviews” - Corporate Internal Investigations ICLE Seminar, March 19, 2008

“Motion Practice in Civil RICO Cases” - RICO ICLE Seminar, November 9, 2007

“Equal Protection Arguments and Defense Strategies in Pro Bono Defense of South Asian Merchants Targeted in North Georgia Methamphetamine Prosecutions”, University of Michigan Asian Pacific American Law Student Association and ACLU Chapters, April 2, 2007

“Organizing the Internal Investigation” - Corporate Internal Investigations ICLE Seminar, March 16, 2007

“Pretrial Proceedings in RICO Cases” - Institute of Continuing Legal Education, November 4, 2005

“Questioned Document Examination” - Corporate Internal Investigations ICLE Seminar, September 5, 2003